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Out of the Blue Wholesale LLC v. Pacific American Fish Co. Inc.

Seafood Payment 'Hacking' Action Denied Dismissal Due to Insufficient New York Contacts

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MEMORANDUM & ORDER   On December 19, 2018, plaintiff Out of the Blue Wholesale, LLC (“Plaintiff”) commenced this action against defendant Pacific American Fish Co. Inc. (“Defendant”) in the Supreme Court for the State of New York, County of Suffolk. (Notice of Removal, D.E. 1, at 1-2.) On January 11, 2019, Defendant removed the action to this Court. (Notice of Removal.) Before the Court is Defendant’s motion pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure to dismiss Plaintiff’s Complaint for lack of personal jurisdiction. (Def. Mot., D.E. 5.) For the reasons set forth below, Defendant’s motion is DENIED. FACTUAL BACKGROUND1 Plaintiff, a New York limited liability company, is a seafood distributor with locations in Hampton Bays, New York and Bronx, New York. (Compl.

1-2.) In March 2017, Plaintiff began purchasing fish for resale from Defendant, a California corporation with offices in Vernon, California and Boston, Massachusetts. (Compl.

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